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Sunday, December 8, 2013

Vasquez v. Hawthorne case brief

Vasquez v. Hawthorne case brief summary
33 P.3d 735 (2001)

CASE SYNOPSIS

A trial court held that plaintiff had
proved he was involved in a long-term, stable, cohabiting
relationship with the decedent. The trial court further found the
property acquired during the relationship was the joint property of
plaintiff and the decedent, and that it passed to plaintiff upon the
decedent's death. The Washington Court of Appeals reversed the trial
court's summary judgment decision. Plaintiff sought review.

CASE
FACTSThe instant court concluded that the
trial court erred in resolving this case on summary judgment. It was
also error for the appellate court to reach the merits of the case.
The record on summary judgment was inadequate to reach the legal
issue presented. The nature of the relationship between plaintiff and
the decedent was disputed. Plaintiff, who presented claims for
equitable relief under several theories, including meretricious
relationship, implied partnership, and equitable trust, presented
affidavits asserting he and the decedent were a same sex couple.
Defendant, the decedent's estate, offered affidavits contending that
plaintiff and the decedent were not a same sex couple and did not
hold themselves out as such. From the affidavits, the trial court
could not determine what type of relationship existed between
plaintiff and the decedent. Nor could the trial court conclude what
property acquired during the course of their relationship could be
subject to equitable division.

DISCUSSION
The instant court directed the trial
court to weigh the evidence to determine whether plaintiff
established his claim for equitable relief.

CONCLUSIONThe instant court vacated the decision
of the appellate court, reversed the trial court's granting of
plaintiff's motion for partial summary judgment, and remanded this
case for trial.

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